The father is homeless and smokes spice everyday after being off of it for five months. The last time he saw our 2 yr. old son he smoked spice in front of him, then yelled, screamed, and cussed at me in front of our son, like he did when we were together. He only wants to see him when it's a special occasion, i.e. holidays and his birthday). We're not married and have never been married, but he is on the birth certificate. He only just recently started asking about his son but only because he wants to see him due to the holidays. Since his birthday is next month him and his new gf (who is also homeless and a consistent spice user) want to have our son over night with them and her kids in a motel. I feel this would be child endangerment because they could smoke in front of them.
You do not have to allow your son to go with them if you feel he is in danger with them or they are doing drugs in their presence. Advise the father he can visit your son on his birthday at your house or in the presence of another party that is willing to supervise the visit. Your instincts are probably correct in this matter.
Do not let your son stay overnight in a motel room if you believe his father and girlfriend are habitual drug users. Make sure your son is safe.
You should go to family law court and request that an order be issued for only supervised visits, no overnight visits, and an order that your son's father does not use drugs or alcohol within a specified time of the visits. Retain an attorney to help you with this, or seek the help of the Family Law Facilitator in your county.
Any answer given by me on this website is not reliable legal advice because it is based on the limited information posted by the asker. The answer specifically does not establish any attorney/client relationship and is meant solely to give general advice with the hope that the asker has a better understanding of how to proceed with their legal issue.
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